DEPARTMENT OF

JUSTICE ESSAY
American Government Section 182

Ricky Davis

rdavis118@student.gsu.edu
 The Department of Justice (DOJ) is led by the Attorney General of the United
States. This is an appointed, cabinet level position which requires Senate
confirmation. Until March 10, 2021, Monty Wilkinson was acting Attorney General of the
United States. Merrick Garland was confirmed and sworn in as Attorney General late
Wednesday night. The official DOJ website states that its 2020 budget was
1

$32,387,263; roughly the same budget was requested for 2021. The website states that
the DOJ expects to employ 116,989 in 2021. 2

The purpose of the Department of Justice can be found in its mission statement
which reads:
To enforce the law and defend the interests of the United States according to the
law; to ensure public safety against threats foreign and domestic; to provide federal
leadership in preventing and controlling crime; to seek punishment for those guilty
of unlawful behavior; and to ensure fair and impartial administration of justice for
all Americans. 3

On behalf of the American people and the U.S. government, the DOJ investigates and
prosecutes all federal criminal and civil cases. The litigation is spread among U.S.
attorneys who have discretion as to which cases to pursue. 4

With the passage of the Judiciary Act of 1789, the Attorney General’s office was
first established. President George Washington appointed as the first Attorney General
5

Edmund Jennings Randolph who had previously served as Attorney General and
Governor of Virginia. In 1870, the department became known as the Department of
Justice. The post Civil War era saw a vast number of cases involving the United States
6

and led to the need for an expanded staff of attorneys. This need for attorneys to
handle matters including reconstruction, coincided with the professionalization of
American lawyers, expertise, and independence. 7

The 2018 organizational chart published on DOJ’s website shows the

department's vastness. Among the weight offices which report up to the Deputy
Attorney General is: all the U.S. Attorneys; the Criminal Division; the FBI; Drug
Enforcement Administration; Department of Bureau of Alcohol, Tobacco, Firearms, and
Explosives; US Parole Commission; Executive office of Organized Crime Drug
Enforcement Task Forces; Bureau of Prisons. The United States is currently divided
8

into 94 judicial districts. The judicial districts have federal courts that hear cases related
to federal interests. Those cases can be civil or criminal cases. The U.S. Attorney
General appoints an Attorney General to serve in each judicial district representing the
U.S interests in those districts. And while all of these divisions report up through the
9

Attorney General of the United States who reports to the President, there is a strong
institutional norm among the career staff and attorneys at the DOJ resisting political
influence on its law enforcement and prosecutorial choices. 10
 The DOJ also focuses its efforts through a number of initiatives and
programs. The DOJ official website identifies 18 of them: Asset Forfeiture Program;
Elder Justice Initiative; Environmental Justice; Hate Crimes; Heroin and Opioid
Awareness; Human Trafficking; Intellectual Property Task Force; Lawful Access; Office
of Justice for Victims of Overseas Terrorism; Open Government; Operation Legend;
Organized Crime Drug Enforcement Task Forces; Presidential Commission on Law
Enforcement and the Administration of Justices; Project Guardian; Project Safe
Childhood; Project Safe Neighborhoods; Task Force on Market Integrity and Consumer
Fraud; Tribal Justice and Safety.
11

While some of the above titles are self-explanatory, some interesting ones are
explained below. The Tribal Justice and Safety program “works to support law
enforcement and maintain public safety in Indian Country.” The DOJ consults with
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Tribal leaders on these matters. The Asset Forfeiture Program manages the seizure
13

by the government and forfeiture of proceeds from crimes or assets used in the
commission of crimes. 14

The DOJ’s scope of responsibility is enormous and touches nearly every aspect
of administering justice in American life. Any organization that large is going to have
failures as well as successes, and whether one considers something a success may
depend on one’s perspective. One initiative that every American stands behind is the
capture of human traffickers and recovery of its victims. On August 28, 2020, in
Georgia, the FBI which is part of the DOJ, recovered 40 missing or endangered
children. While 40 children isn’t enough, it certainly must be considered a success.
15

November 18, 2020, the Office of Inspector General’s annual report on top
management and performance challenges within the DOJ.
The DOJ’s OIG identified 9 items of “pressing concern.” They are: Strengthening
Public Confidence in Law Enforcement and Protecting Civil Liberties; Use of Sensitive
Investigative Authorities by Department Law Enforcement; The Department’s
Contingency Planning and Response to a Global Pandemic; Maintaining a Safe,
Secure, and Humane Prison System; Safeguarding National Security and Countering
Domestic and International Terrorism; Protecting the Nation and Department against
Cyber-Related Threats and Emerging Technologies; The Opioid Crisis, Violent Crime,
and the Need for Strong Law Enforcement Coordination; Ensuring Financial
Accountability of Department Contracts and Grants; and Strategic Planning: The
Department’s Challenges to Achieve Performance-Based Management and to Enhance
Human Capital. 16

The DOJ will always face new and evolving challenges, as society itself
evolves. Even under the threats of the recent administration where the DOJ’s
independence was at risk, the dedicated investigators, staff and attorneys kept this
department one that Americans can be proud of.
 Higgins, Tucker. “Merrick Garland Confirmed as U.S. Attorney General by Senate.”
1

CNBC. CNBC, March 10, 2021. https://www.cnbc.com/2021/03/10/merrick-garland-

confirmed-as-us-attorney-general-by-senate.html

Of Justice, Department. “File 1246841.” Department of Justice, n.d

2

DOJ. “About DOJ.” The United States Department of Justice, November 19, 2020.
3

https://www.justice.gov/abou

4
Lamken, Molo. “How Big Is the Department of Justice and What's Its Authority?”
MoloLamken LLP (ML) Law Firm / Attorneys. Accessed March 10, 2021.
https://www.mololamken.com/knowledge-How-Big-Is-the-Department-of-Justice-and-
Whats-Its-Authority

Harrison, Brigid C., Jean Harris, and Michelle D. Deardorff. Essay. In American
5

Democracy Now, 6th ed. New York, NY: McGraw-Hill Education, 2022

6
150 Years of the Department of Justice.” The United States Department of Justice,
February 24, 2021. https://www.justice.gov/history/timeline/150-years-department-
justice#event-1208301
7
Shugerman, Jed H. “The Creation of the Department of Justice.” Stanford Law Review.
Stanford law review, January 2014. https://www.stanfordlawreview.org/print/article/the-
creation-of-the-department-of-justice/
8
“Organizational Chart.” The United States Department of Justice. Department of Justice,
2018. https://www.justice.gov/agencies/chart

9
“U.S. Attorneys Listing.” The United States Department of Justice, March 8, 2021.
https://www.justice.gov/usao/us-attorneys-listing

Goldsmith, Jack. “Independence and Accountability at the Department of Justice.”

10

Lawfare, October 31, 2019. https://www.lawfareblog.com/independence-and-

accountability-department-justice

“Topics.” The United States Department of Justice, January 20, 2021.

11

https://www.justice.gov/topics

“Topics.” The United States Department of Justice, January 20, 2021.

12

https://www.justice.gov/topics

“Tribal Justice and Safety.” The United States Department of Justice, March 9, 2021.
13

https://www.justice.gov/tribal

“Asset Forfeiture Management Staff (AFMS).” The United States Department of Justice,
14

February 26, 2021. https://www.justice.gov/afp

Press, Associated. “Missing Children Rescued in Georgia Sex Trafficking Bust.” AP

15

NEWS. Associated Press, August 28, 2020.

https://apnews.com/article/6064e7f90b9192377bc7034a6c07ae59
 DOJ. “Top Management and Performance Challenges Facing the Department of Justice–
16

2020.” Top Management and Performance Challenges Facing the Department of Justice–
2020 | U.S. Department of Justice Office of the Inspector General, November 18, 2020.
https://oig.justice.gov/reports/top-management-and-performance-challenges-facing-
department-justice-2020